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RAJA BASU CHOWDHURY
Ashok Kumar Mishra – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The present writ application has been filed, inter alia, praying for a direction upon the respondent no.4 to release the full salary of the petitioner from 2nd May, 2012, to 24th September, 2014.
2. The writ petitioner joined the service of the respondent no.2 in the year 1988. The terms and conditions of service of the petitioner would appear from the letter of appointment dated 26th July, 1988. It is the petitioner’s case that while in service, by reasons of illness, the petitioner could not perform his normal duties from 5th March, 2012, to 1st May, 2012. Subsequently, on 2nd May, 2012, when he went to the head office, Traffic Department, for obtaining resume-duty order as per the existing system of the organisation, the Junior Traffic Officer upon going through his file requested him to report back after 2/3 days and meet the dealing clerk. Accordingly, the petitioner reported back on 7th May, 2012 and met the dealing clerk. Unfortunately, the petitioner was neither sent to the company’s Medical Officer for medical examination, nor was he issued the resume-duty order.
3. Faced with the aforesaid situation, the petitioner by a written communicat
Service Law – Principle of waiver - whether a party has waived its rights or not, it will be relevant to consider the conduct of a party. For establishing waiver, it will have to be established, that....
The main legal point established in the judgment is that unauthorized absence from duties constitutes misconduct, and the disciplinary authority is empowered to impose punishment based on fair discip....
The main legal point established in the judgment is that in cases of wrongful termination of service, the employee must prove non-employment to claim back wages, and the employer has the burden to di....
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
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